S T A T E O F N E W Y O R K
________________________________________________________________________
7046
2015-2016 Regular Sessions
I N A S S E M B L Y
April 21, 2015
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the administration of
certain immunizations; to amend chapter 563 of the laws of 2008,
amending the education law and the public health law relating to
immunizing agents to be administered to adults by pharmacists; to
amend chapter 116 of the laws of 2012, amending the education law
relating to authorizing a licensed pharmacist and certified nurse
practitioner to administer certain immunizing agents, and to amend
chapter 274 of the laws of 2013, amending the education law relating
to authorizing a licensed pharmacist and certified nurse practitioner
to administer meningococcal disease immunizing agents, in relation to
making the provisions thereof permanent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 6527 of the education law, as
amended by chapter 116 of the laws of 2012 and paragraph (c) as added by
chapter 274 of the laws of 2013, is amended to read as follows:
7. [(a)] A licensed physician may prescribe and order a PATIENT
SPECIFIC ORDER OR non-patient specific regimen to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner, and consistent
with the public health law, for administering immunizations [to prevent
influenza or pneumococcal disease] LISTED ON THE ROUTINE IMMUNIZATION
SCHEDULES RECOMMENDED BY THE FEDERAL ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES and medications required for emergency treatment of anaphylax-
is. Nothing in this subdivision shall authorize unlicensed persons to
administer immunizations, vaccines or other drugs.
[(b) A licensed physician may prescribe and order a patient specific
order to a licensed pharmacist, pursuant to regulations promulgated by
the commissioner, and consistent with the public health law, for admin-
istering immunizations to prevent acute herpes zoster.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01794-01-5
A. 7046 2
(c) A licensed physician may prescribe and order a non-patient specif-
ic regimen to a licensed pharmacist, pursuant to regulations promulgated
by the commissioner, and consistent with the public health law, for
administering immunizations to prevent meningococcal disease.]
S 2. Subdivision 7 of section 6909 of the education law, as amended by
chapter 116 of the laws of 2012 and paragraph (c) as added by chapter
274 of the laws of 2013, is amended to read as follows:
7. [(a)] A certified nurse practitioner may prescribe and order a
PATIENT SPECIFIC ORDER OR non-patient specific regimen to a licensed
pharmacist, pursuant to regulations promulgated by the commissioner, and
consistent with the public health law, for administering immunizations
[to prevent influenza or pneumococcal disease] LISTED ON THE ROUTINE
IMMUNIZATION SCHEDULES RECOMMENDED BY THE FEDERAL ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES and medications required for emergency treatment
of anaphylaxis. Nothing in this subdivision shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.
[(b) A certified nurse practitioner may prescribe and order a patient
specific regimen to a licensed pharmacist, pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, for administering immunizations to prevent acute herpes zoster.
(c) A certified nurse practitioner may prescribe and order a non-pa-
tient specific regimen to a licensed pharmacist, pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, for administering immunizations to prevent meningococcal disease.]
S 3. Subdivisions 2, 4 and 5 of section 6801 of the education law,
subdivisions 2 and 4 as added by chapter 563 of the laws of 2008 and
subdivision 5 as added by chapter 116 of the laws of 2012, are amended
to read as follows:
2. A licensed pharmacist may execute a non-patient specific regimen
prescribed or ordered by a [licensed] physician LICENSED IN THIS STATE
or [certified] nurse practitioner CERTIFIED IN THIS STATE, pursuant to
rules and regulations promulgated by the commissioner. When a licensed
pharmacist administers an immunizing agent, he or she shall:
(a) report such administration to the patient's attending primary
health care practitioner or practitioners, if any, pursuant to rules and
regulations of the commissioner; AND
(b) provide information to the patient on the importance of having a
primary health care practitioner, developed by the commissioner of
health[; and
(c) report such administration, absent of any individually identifi-
able health information, to the department of health in a manner
required by the commissioner of health].
4. [The commissioner of health, in consultation with the commissioner,
shall prepare and submit a report to the governor and the legislature,
on or before December thirty-first, two thousand eleven, reporting the
results and evaluating the effectiveness and impact, if any, of imple-
mentation of subdivision two of this section upon the supply of such
immunizing agents for the prevention of influenza and pneumococcal
disease, upon the geographical distribution of such agents, and upon the
distribution of such agents among health care providers, including
physicians, and pharmacies in New York state.
5.] When administering an immunization in a pharmacy, the licensed
pharmacist shall provide an area for the immunization that provides for
a patient's privacy.
S 4. Subdivision 22 of section 6802 of the education law, as amended
by chapter 274 of the laws of 2013, is amended to read as follows:
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22. "Administer", for the purpose of section sixty-eight hundred one
of this article, means the direct application of an immunizing agent to
adults, whether by injection, ingestion or any other means, pursuant to
[a.] a patient specific order or non-patient specific regimen prescribed
or ordered by a physician or certified nurse practitioner[, who has a
practice site in the county in which the immunization is administered,]
for immunizations [to prevent influenza or pneumococcal disease] LISTED
ON THE ROUTINE IMMUNIZATION SCHEDULES RECOMMENDED BY THE FEDERAL ADVI-
SORY COMMITTEE ON IMMUNIZATION PRACTICES and medications required for
emergency treatment of anaphylaxis [or b. a patient specific order
prescribed or ordered by a physician or certified nurse practitioner for
immunizations to prevent acute herpes zoster or meningococcal disease or
c. a patient specific order or non-patient specific regimen prescribed
or ordered by a physician or certified nurse practitioner for immuniza-
tions to prevent meningococcal disease. If the county where the immuni-
zation is to be administered has a population of seventy-five thousand
or less, then the licensed physician or certified nurse practitioner may
be in an adjoining county. Such administration shall be limited to
immunizing agents to prevent influenza or pneumococcal disease and medi-
cations required for emergency treatment of anaphylaxis]. IF THE COMMIS-
SIONER OF HEALTH DETERMINES THAT THERE IS AN OUTBREAK OF DISEASE, OR
THAT THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF DISEASE, THEN THE
COMMISSIONER OF HEALTH MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN APPLICA-
BLE STATEWIDE.
S 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
tion law and the public health law relating to immunizing agents to be
administered to adults by pharmacists, as amended by chapter 316 of the
laws of 2011, is amended to read as follows:
S 8. This act shall take effect on the ninetieth day after it shall
have become a law [and shall expire and be deemed repealed March 31,
2016].
S 6. Sections 5 and 6 of chapter 116 of the laws of 2012, amending the
education law relating to authorizing a licensed pharmacist and certi-
fied nurse practitioner to administer certain immunizing agents, are
amended to read as follows:
S 5. [The commissioner of health, in consultation with the superinten-
dent of financial services and the commissioner of education, shall
prepare and submit a report to the governor and the legislature, on or
before October first, two thousand fourteen, regarding the rates of
health insurance plan coverage for immunizations to prevent acute herpes
zoster in New York state. This information shall include, but not be
limited to, the total number of people receiving immunizations to
prevent acute herpes zoster from health care providers as compared to
pharmacies in New York state; the rates of coverage from health insur-
ance plans, including Medicare, for people receiving immunizations to
prevent acute herpes zoster from health care providers as compared to
pharmacies in New York state; the amount of co-pays and other fees
required by health insurance plans, including Medicare, for people
receiving immunizations to prevent acute herpes zoster from health care
providers as compared to pharmacies in New York state; and a list of
health insurance plans that do not provide coverage for people receiving
immunizations to prevent acute herpes zoster from health care providers
as compared to pharmacies in New York state as well as the amount or
amounts that are charges to an individual receiving immunizations to
prevent herpes zoster without any health insurance coverage.
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S 6.] This act shall take effect on the ninetieth day after it shall
have become a law [and shall expire and be deemed repealed July 1, 2015
provided, that:
(a) the amendments to subdivision 7 of section 6527 of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the repeal of
such subdivision and shall be deemed to be repealed therewith; and
(d) the amendments to section 6801 of the education law made by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith].
S 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
nurse practitioner to administer meningococcal disease immunizing
agents, is amended to read as follows:
S 4. This act shall take effect on the ninetieth day after it shall
have become a law[; provided, that:
(a) the amendments to subdivision 7 of section 6527 of the education
law, made by section one of this act shall not affect the expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to expire therewith; and
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to be expire therewith; and
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith].
S 8. This act shall take effect immediately.